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92_HB4194eng HB4194 Engrossed LRB9212478RCcdB 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-8-2 as follows: 6 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2) 7 Sec. 5-8-2. Extended Term. 8 (a) A judge shall not sentence an offender to a term of 9 imprisonment in excess of the maximum sentence authorized by 10 Section 5-8-1 for the class of the most serious offense of 11 which the offender was convicted unless the factors in 12 aggravation set forth in paragraph (b) of Section 5-5-3.2 13 were found to be present. If the pre-trial and trial 14 proceedings were conducted in compliance with subsection 15 (c-5) of Section 111-3 of the Code of Criminal Procedure of 16 1963. Where a trier of fact finds beyond a reasonable doubt17that such factors were present, the judge may sentence an 18 offender to the following: 19 (1) for first degree murder, a term shall be not 20 less than 60 years and not more than 100 years; 21 (2) for a Class X felony, a term shall be not less 22 than 30 years and not more than 60 years; 23 (3) for a Class 1 felony, a term shall be not less 24 than 15 years and not more than 30 years; 25 (4) for a Class 2 felony, a term shall be not less 26 than 7 years and not more than 14 years; 27 (5) for a Class 3 felony, a term shall not be less 28 than 5 years and not more than 10 years; 29 (6) for a Class 4 felony, a term shall be not less 30 than 3 years and not more than 6 years. 31 (b) If the conviction was by plea, it shall appear on HB4194 Engrossed -2- LRB9212478RCcdB 1 the record that the plea was entered with the defendant's 2 knowledge that a sentence under this Section was a 3 possibility. If it does not so appear on the record, the 4 defendant shall not be subject to such a sentence unless he 5 is first given an opportunity to withdraw his plea without 6 prejudice. 7 (Source: P.A. 91-953, eff. 2-23-01.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.